Determining The Lawfulness Of Force Is Self Defense Essay

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The key points in determining the lawfulness of force is self-defense or the defense of another are unlawfulness, necessity, and reasonableness. The use of force by one person against another is a violation of the criminal law unless some justification for the use of exist. Courts or juries determine what use of force is necessary they will take into account of the size age parties in relation to and the instrument or weapon used the beliefs has to be reasonable but doesn’t need to be correct. For instance The Supreme Court cautioned courts examining excessive force claims that "the calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments–in circumstances that are tense, uncertain, and rapidly evolving–about the amount of force that is necessary in a particular situation." The Court also stated that the use of force should be measured by what the officer knew at the scene, not by the "20/20 vision of hindsight" by a Monday-morning quarterback. In sum, the Court fashioned a realistically generous test for use of force lawsuit. (Ken Wallentine). The level of force an officer uses varies based on the situation. Because of this variation, guidelines for the use of force are based on many factors, including the officer’s level of training or experience. An officer’s goal is to regain control as soon as possible while protecting the community. Use of force is an officer’s last option — a necessary…

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